SECURITY COUNCIL RESOLUTION 1325
ANNOTATED AND EXPLAINEDThe text:

Recalling its resolutions 1261 (1999) of 25 August 1999, 1265 (1999) of 17
September 1999, 1296 (2000) of 19 April 2000 and 1314 (2000) of 11 August
2000, as well as relevant statements of its President and recalling also thestatement of its President, to the press on the occasion of the United Nations
Day for Women's Rights and International Peace of 8 March 2000 (SC/6816),

What it means:

Security Council Resolutions 1261 and 1314 are focused on the theme of Children andArmed Conflict. Resolutions 1265 and 1296 are focused on the theme of the Protectionof Civilians in Armed Conflict. Each month the Presidency of the Security Council rotatesalphabetically, giving each of the fifteen members an opportunity to facilitate
discussions and guide the deliberations of the Council. The country holding thePresidency has the prerogative to propose thematic debates and open sessions of theCouncil that invite other UN Member States to contribute to the Security Council'sdeliberations on a particular topic, with the concurrence of other members. During its
term on the Council, Namibia initiated the Open Debate of the Security Council on
Women, Peace and Security, Canada initiated the debate on the Protection of Civilians in
Armed Conflict, the Netherlands initiated the debate on Children and Armed Conflict,and Bangladesh held the Presidency when the Council issued a statement to the press
marking International Women's Day in 2000.
Presidential Statement to Press, 8 March 2000:
http://www.un.org/News/Press/docs/2000/20000308.sc6816.doc.html

The text:

Recalling also the commitments of the Beijing Declaration and Platform for
Action (A/52/231) as well as those contained in the outcome document of thetwenty-third Special Session of the United Nations General Assembly entitled"Women 2000: Gender Equality, Development and Peace for the twenty-first
century" (A/S-23/10/Rev.1), in particular those concerning women and armed
conflict,

What it means:

The Beijing Declaration and Platform for Action were the consensus documents thatgovernments negotiated and agreed to at the Fourth UN World Conference on Women in
1995 in Beijing, China. The Beijing Platform for Action has an entire chapter on Womenand Armed Conflict. The twenty-third Special Session of the General Assembly is also
known as "Beijing Plus Five" and brought governments together in 2000, five years after
the Beijing conference to examine "further actions and initiatives to implement the
Beijing Declaration and Platform for Action." After particularly lengthy and arduous
negotiations, the General Assembly adopted a Political Declaration and outcome
document, which included sections on Women and Armed Conflict.

SECURITY COUNCIL RESOLUTION 1325
ANNOTATED AND EXPLAINEDPAGE 1

Beijing Platform for Action – Women and Armed Conflict Diagnosis:
http://www.un.org/womenwatch/daw/beijing/platform/armed.htm
Report of the Ad Hoc Committee of the Whole of the twenty-third special session of theGeneral Assembly: http://www.un.org/womenwatch/daw/followup/as2310rev1.pdf

The text:

Bearing in mind the purposes and principles of the Charter of the United
Nations and the primary responsibility of the Security Council under theCharter for the maintenance of international peace and security,

What it means:

The United Nations Charter was negotiated in 1945 with the overarching goal of "saving
succeeding generations from the scourge of war." The Charter assigned particular tasks
to the 6 major organs of the institution - with the Security Council's roles andresponsibilities to maintain international peace and security, "In order to ensure promptand effective action by the United Nations, its Members confer on the Security Council
primary responsibility for the maintenance of international peace and security, andagree that in carrying out its duties under this responsibility the Security Council acts on
their behalf." The Security Council's roles and responsibilities are detailed in Chapters V,
VI, VII, VIII and XII.
Charter of the United Nations: http://www.un.org/aboutun/charter/

The text:

Expressing concern that civilians, particularly women and children, account for
the vast majority of those adversely affected by armed conflict, including as
refugees and internally displaced persons, and increasingly are targeted bycombatants and armed elements, and recognizing the consequent impact thishas on durable peace and reconciliation,

What it means:

In this paragraph the Security Council is acknowledging the disproportionate impact ofarmed conflict on non-combatants, including women and children civilians, and the factthat they comprise the vast majority of displaced persons. Rather than accidentally
being caught in the crossfire, the Council is also acknowledging that civilians are
increasingly being specifically targeted by armed groups, thereby escalating the cyclesof violence, with long-term impact on the prospects and conditions necessary for peaceand reconciliation.

The text:

Reaffirming the important role of women in the prevention and resolution of
conflicts and in peace-building, and stressing the importance of their equal
participation and full involvement in all efforts for the maintenance andpromotion of peace and security, and the need to increase their role indecision- making with regard to conflict prevention and resolution,

What it means:

This paragraph of the resolution repeats what the Council affirmed in it's statement to
the press in March of 2000, the need to increase the number of women in decisionmaking positions relating to peace and security issues. The Security Council first
discussed its role in the prevention of armed conflict in an open session on 29
November 1999, and issued a Presidential Statement on the subject more... The second
open session on Conflict Prevention was held all day on 20 June 2000, hearing
statements from 30 governments. Another Presidential Statement was issued on 20
June 2000. more... Among other things, the Statement recognized the important role ofwomen in the prevention and resolution of conflicts and in peace-building, and stressed
the importance of their increased participation in all aspects of the conflict prevention
and resolution process. Since the adoption of Resolution 1325, numerous publications
and resolutions on women's contribution to early warning information collection andresponse mechanisms have been passed, including one by the G8 Foreign Ministers at

SECURITY COUNCIL RESOLUTION 1325
ANNOTATED AND EXPLAINEDPAGE 2

their 2001 Rome meeting on strengthening the role of women in conflict prevention.
more... The June 2001 report of the Secretary-General on conflict prevention(S/2001/574) devotes a section on gender equality.

The text:

Reaffirming also the need to implement fully international humanitarian andhuman rights law that protects the rights of women and girls during and after
conflicts,

What it means:

According to the International Committee of the Red Cross, international humanitarianlaw (IHL) is the body of rules, which in wartime, protects people who are not or are nolonger participating in the hostilities. IHL's central purpose is to limit and prevent
human suffering in times of armed conflict. The rules are to be observed not only bygovernments and their armed forces, but also by armed opposition groups and anyother parties to a conflict. The four Geneva Conventions of 1949 and their two
Additional Protocols of 1977 are the principal instruments of humanitarian law.
International humanitarian law has always accorded women general protection equal tothat of men. At the same time the humanitarian law treaties recognize the need to give
women additional special protection according to their specific needs. The four Geneva
Conventions of 1949 and their two Additional Protocols of 1977 protect women (andmen) as members of the civilian population not taking part in an armed conflict. Women(and men) as members of the armed forces are also protected when captured by theenemy.
Fact Sheet on International Humanitarian Law:
http://www.peacewomen.org/un/icj/warlaw.html
The UN Charter was the first international instrument to acknowledge 'human rights.'
Unlike many constitutional rights, the Charter does not invoke natural law as a basis forthe existence of human rights. Rather, human rights are inherent in human dignity. The
Universal Declaration of Human Rights (1948) along with the International Covenant on
Civil and Political Rights and the International Covenant on Economic and Social andCultural Rights (1966) are often referred to by some western scholars as the"International Bill of Rights." Beginning with the Vienna Conference on Human Rights in
1993, women activists joined together to call for the recognition of women's rights as
human rights. Women activists and women's organizations throughout the world havecriticized the traditional human rights frameworks for tending to exclude theexperiences of women. The traditional human rights framework and the way theinternational community had been operating within it, was horribly deficient in its
capacity to address women's lived realities.
The Convention on the Elimination of All Forms of Discrimination Against Women(CEDAW), the "women's bill of rights," has been ratified by 174 countries In its General
Recommendation on violence against women, the CEDAW Committee recognizes that
armed conflict situations lead to increased prostitution, trafficking in women and sexualassault of women. As well, in the General Recommendation on women and health, theCommittee recommends that States parties ensure adequate protection and healthservices, including trauma treatment and counselling for women trapped in situations ofarmed conflict and women refugees. CEDAW's Optional Protocol contains two
procedures: a communications procedure allowing individual women, or groups ofwomen, to submit claims of violations of rights to the Committee on the Elimination ofDiscrimination against Women and an inquiry procedure enabling the Committee toinitiate inquiries into situations of grave or systematic violations of women's rights. In
either case, States must be party to the Protocol.

SECURITY COUNCIL RESOLUTION 1325
ANNOTATED AND EXPLAINEDPAGE 3

The text:

Emphasizing the need for all parties to ensure that mine clearance and mineawareness programmes take into account the special needs of women andgirls,

What it means:

Women in some 80 countries live daily with the threat of uncleared landmines andunexploded ordnance. In this paragraph the Security Council emphasizes the need formine clearance, awareness and rehabilitation initiatives to pay attention to the fact thatwomen and girls have particular needs and insights regarding landmine action including victim assistance. Women and girls who have lost limbs from mine injuries
have faced social isolation and economic loss. In addition, women often shoulder theunpaid burden of caring for those injured by landmines. Although the numbers are notdocumented, indications are that women are much less likely than children and men tohave access both to treatment and to rehabilitation and prostheses. More routine
consultation with women on landmine clearance may reveal different areas for priority
around water points, schools, farms and transportation routes used by civilians.

The text:

Recognizing the urgent need to mainstream a gender perspective into
peacekeeping operations, and in this regard noting the Windhoek Declarationand the Namibia Plan of Action on Mainstreaming a Gender Perspective inMultidimensional Peace Support Operations (S/2000/693),

What it means:

In this paragraph, the Security Council elevates the need to include a gender
perspective in peacekeeping operations to "urgent" and takes note of the analysis andrecommendations contained in the Windhoek Declaration and Namibia Plan of Action. In
May 2000, in Windhoek, Namibia, participants of a review panel on 'Mainstreaming a
Gender Perspective in Multidimensional Peace Support Operations,' organized by the
Lessons Learned Unit of the UN Department of Peacekeeping Operations and hosted by
the Government of Namibia, completed a comprehensive review of gender issues inpeacekeeping, and made useful, concrete recommendations.
Windhoek Declaration:
http://www.peacewomen.org/un/pkwatch/WindhoekDeclaration.html

The text:

Recognizing also the importance of the recommendation contained in thestatement of its President to the press of 8 March 2000 for specialized training
for all peacekeeping personnel on the protection, special needs and humanrights of women and children in conflict situations,

What it means:

The Security Council statement to the press on 8 March 2000 was a broad statementthat recognized that "peace is inextricably linked with equality between women andmen." According to the statement, "if women are to play an equal part in security andmaintaining peace, they must be empowered politically and economically, andrepresented adequately at all levels of decision- making, both at the pre-conflict stage
and during hostilities, as well as at the point of peacekeeping, peace-building,reconciliation and reconstruction." In this paragraph of the resolution, the Council draws
on elements of that statement specifically focused on its own mandate with regards toauthorizing peacekeeping operations, underscoring the importance of providing training
for personnel sent into the field so that women and children are protected and their
special needs identified and addressed.
Security Council statement to the press, 8 March 2000:
http://www.un.org/News/Press/docs/2000/20000308.sc6816.doc.html

SECURITY COUNCIL RESOLUTION 1325
ANNOTATED AND EXPLAINEDPAGE 4

The text:

Recognizing that an understanding of the impact of armed conflict on womenand girls, effective institutional arrangements to guarantee their protection
and full participation in the peace process can significantly contribute to themaintenance and promotion of international peace and security,

What it means:

In this paragraph, the Security Council recognizes the need for institutions and actors tohave the right information and understanding in order to protect and involve women inpeace processes. Understanding the impact of armed conflict on women and their role inpeace-building is crucial for effective response and action to protect and involve womenin peace processes.

The text:

Noting the need to consolidate data on the impact of armed conflict on womenand girls,

What it means:

In this short lead-in sentence the Security Council is drawing attention to the paucity ofdata available to inform their deliberations and action. No systematic approach is inplace to analyze and collect sex disaggregated data on the impact of conflict on women.
Such data is frequently lacking in assessments, monitoring, reporting, evaluation andresearch on the political, humanitarian and human rights aspects of conflicts. In
addition, women's potential and actual role in relation to peace-building is often
insufficiently understood or overlooked. Although there is a plethora of activity by
women (autonomously and in mixed fora that contributes to peace), there remains adearth of reliable, systematic and usable information on the range of activities thatwomen undertake at local, national and regional levels towards building peace within
their communities.

The text:

1. Urges Member States to ensure increased representation of women at all
decision-making levels in national, regional and international institutions andmechanisms for the prevention, management, and resolution of conflict;

What it means:

In this paragraph, the Security Council places much needed pressure on Governments
to increase the number of women involved in decision-making at all levels on conflict
prevention, management and resolution. In the 1995 Beijing Platform for Action, theworld's governments agreed to a minimum quota of 30% women in positions at
decision-making levels, a target that is far from being realized in peace and security
decision-making bodies. On the international level alone, only two women have served
as Ambassadors on the Security Council since 1992. Between 1992-2002, 5.4% of theAmbassadors sent to represent countries at UN Headquarters were women. At theGeneral Assembly First Committee on Security and Disarmament between 1992-2002,
women have headed 7% of country delegations. Women are consistently andsignificantly under-represented in peace negotiations and are often entirely absent.

The text:

2. Encourages the Secretary-General to implement his strategic plan of action(A/49/587) calling for an increase in the participation of women at decisionmaking levels in conflict resolution and peace processes;

What it means:

The main goal of the 1999 Secretary General's strategic plan of action (A/49/587) is toachieve gender equality within the United Nations by the beginning of the twenty-first
century, through a gradual, phased and focused strategy based on attrition and on
targeting vacancies for the promotion and recruitment of women. An important featureof the strategic plan of action is its integrated approach. The plan sets out strategies aswell as specific objectives and targets, and identifies simultaneous and interrelated
actions required to achieve them. Corrective or new measures envisaged in the plan

SECURITY COUNCIL RESOLUTION 1325
ANNOTATED AND EXPLAINEDPAGE 5relate to career development, management training and management culture change,
including implementation of a new performance appraisal system, review andimprovement of recruitment processes, including the application of technologicalinnovation to increase the access of qualified women worldwide, support for women's
training; the introduction of more effective systems to deal with mobility and spousal
employment and measures and procedures to prevent sexual harassment. The strategy
includes planning and database development, development of a specific roster ofexternal candidates, a Secretariat-wide network of departmental focal points, broad
advertising and communication, targeted recruitment missions, and review of theprocesses of recruitment and promotion and involvement of the departmental focal
points in those processes.

The text:

3. Urges the Secretary-General to appoint more women as special
representatives and envoys to pursue good offices on his behalf, and in thisregard calls on Member States to provide candidates to the Secretary-General,
for inclusion in a regularly updated centralized roster;

What it means:

Since 1325 was adopted, the Secretary-General has appointed 31 additional Special
Representatives of the Secretary-Generals (SRSGs) and Deputy SRSGs. Of these, five
have been women: Lena Sundh - DSRSG DRC (appointed 19 April 2002), Angela Kane DSRSG Ethiopia/Eritrea (appointed 15 January 2003), Laura Canuto - Deputy Chief ofMission, Guatemala (appointed 1 October 2001), Heidi Tagliavini - SRSG Georgia(appointed 1 July 2002), Roza Otunbayeva - DSRSG Georgia (appointed 2 May 2002).
In this paragraph, the Security Council is acknowledging that it is the responsibility ofMember States to put forward women as candidates as appointments arise and tocontinue to suggest names for the centralized roster for senior UN appointments.

The text:

4. Further urges the Secretary-General to seek to expand the role andcontribution of women in United Nations field-based operations, and especiallyamong military observers, civilian police, human rights and humanitarian
personnel;

What it means:

In addition to high-level posts such as SRSGs, DSRSGs and Special Envoys, which arevery much dependent on the candidates put forward by UN Member States, thisparagraph urges the Secretary-General to use his discretion to place more women staff
in UN field missions in those areas where they are traditionally under-represented.
While there are requirements within the United Nations for equitable geographicbalance, the Security Council urges the Secretary-General to ensure more genderbalance, particularly in the field where the United Nations has an opportunity to provide
a positive example of women's leadership potential to governments and communities
rebuilding their war torn societies.

The text:

5. Expresses its willingness to incorporate a gender perspective into
peacekeeping operations and urges the Secretary-General to ensure that,
where appropriate, field operations include a gender component;

What it means:

The Secretary-General provided a comprehensive elaboration of the various elements
necessary to incorporate gender perspectives into peacekeeping operations in 2000 The
Secretary-General said that "attention needs to be given to gender perspectives in allphases of the peace support operations, beginning with needs assessment missions
through post-conflict peace-building. Gender perspectives should be considered inanalyses, policy and strategy development and planning of peace support operations, aswell as training programmes and instruments developed to support effective
implementation of those operations, such as guidelines, handbooks and codes ofconduct. All aspects and all levels of peace support operations require attention to

SECURITY COUNCIL RESOLUTION 1325
ANNOTATED AND EXPLAINEDPAGE 6gender perspectives, including political analysis, military operations, civilian police
activities, electoral assistance, human rights support, humanitarian assistance, including
for refugees and displaced persons, development and reconstruction activities andpublic information. Training of troops and civilian police on gender issues is critical. In
the context of complex missions where interim governments will be established, genderbalance in interim bodies and development of capacity within those important bodies towork with gender perspectives need to be considered. Experience has shown that it isimportant to ensure attention to gender perspectives from the very outset of peacebuilding and peacekeeping missions, including through incorporation in the initialmandates. All reports of the individual mission to the Security Council should include
explicit routine reporting on progress in integrating gender perspectives as well as
information on the number and levels of women involved in all aspects of the mission."(from the Secretary-General's report on resource requirements for implementation of
the report of the Panel on United Nations Peace Operations, 27 October, 2000
A/55/507/Add.1).

The text:

6. Requests the Secretary-General to provide to Member States training
guidelines and materials on the protection, rights and the particular needs ofwomen, as well as on the importance of involving women in all peacekeeping
and peace-building measures, invites Member States to incorporate theseelements as well as HIV/AIDS awareness training into their national training
programmes for military and civilian police personnel in preparation for
deployment and further requests the Secretary-General to ensure that civilian
personnel of peacekeeping operations receive similar training;

What it means:

Training of peacekeeping troops and personnel is the primary responsibility of individual
governments, however the United Nations and regional organizations often provide
supplementary training to ensure consistent approaches and encourage collaboration. In
this paragraph, the Security Council indicates the need for the United Nations to sharetechnical expertise with Member States so they can better prepare troops and personnel
being sent to conflict zones. All staff working in conflict situations need training,
including gender training, so they can carry out the wide range of tasks required ofthem. Training also helps staff adjust and be responsive to the cultural milieu in which
they will function. Training peacekeeping personnel on gender issues can promote
gender mainstreaming within an operation, irrespective of the number and level ofwomen an operation may employ. Ideally, training takes place prior to deployment, but
once a mission is assembled, in-service training initiatives can be extremely useful. The
UN has included gender training in the induction courses for peacekeeping personnel in
UNAMSIL, MONUC, UNTAET and UNMEE, involving UN agencies, humanitarianorganizations, and local women's groups in the host country.

The text:

7. Urges Member States to increase their voluntary financial, technical andlogistical support for gender-sensitive training efforts, including thoseundertaken by relevant funds and programmes, inter alia, the United Nations
Fund for Women and United Nations Children's Fund, and by the United
Nations High Commissioner for Refugees and other relevant bodies;

What it means:

This paragraph urges governments to increase the resources devoted to training efforts(the utility of which are elaborated above) on the national level and also requests thatthey support the efforts of UNIFEM, UNICEF and UNHCR with financial, technical andlogistical resources.

The text:

8. Calls on all actors involved, when negotiating and implementing peaceagreements, to adopt a gender perspective, including, inter alia: (a) The
special needs of women and girls during repatriation and resettlement and for

SECURITY COUNCIL RESOLUTION 1325
ANNOTATED AND EXPLAINEDPAGE 7

rehabilitation, reintegration and post-conflict reconstruction; (b) Measuresthat support local women's peace initiatives and indigenous processes forconflict resolution, and that involve women in all of the implementation
mechanisms of the peace agreements; (c) Measures that ensure the protectionof and respect for human rights of women and girls, particularly as they relate
to the constitution, the electoral system, the police and the judiciary;
What it means:

Having previously noted the need for greater involvement of women (i.e genderbalance) in peace and security decision-making, the Security Council emphasizes theneed to involve local women and value indigenous processes. Importantly, thisparagraph suggests that the content of agreements needs to reflect gender issues,
regardless of who is doing the negotiating or implementing. Peace processes andnegotiations are not isolated events. The negotiations begin during war and persist
throughout the various stages of changeover to peace. Peace agreements can include
the following: power-sharing arrangements, economic reconstruction, demobilization
and reintegration of soldiers, legislation on human rights, access to land, education andhealth, the status of displaced people and the empowerment of civil society. Therefore,
they provide a unique opportunity to transform institutions, structures, and relationships
within society, and can affirm gender equality through constitutional, judicial, legislativeand electoral reform. By addressing reintegration, the Security Council is recognizingthat refugee and IDP returns as well as return of demobilized soldiers to their homes
requires particular care and attention. Refugee women and demobilized female soldiers
as well as women and girls who are abducted by armed forces have specific protectionneeds. Refugee return must be voluntary and facilitated return must consider issues of
security.

The text:

9. Calls upon all parties to armed conflict to respect fully international law
applicable to the rights and protection of women and girls as civilians, inparticular the obligations applicable to them under the Geneva Conventions of1949 and the Additional Protocols thereto of 1977, the Refugee Convention of1951 and the Protocol thereto of 1967, the Convention on the Elimination of All
Forms of Discrimination against Women of 1979 and the Optional Protocol
thereto of 1999 and the United Nations Convention on the Rights of the Childof 1989 and the two Optional Protocols thereto of 25 May 2000, and to bear inmind the relevant provisions of the Rome Statute of the International Criminal
Court;

What it means:

This paragraph lists some international laws that refer to the rights and protection of
women and girls and emphasizes that parties to armed conflict must respect
international law as it relates to the protection of women and girls as civilians in armed
conflict. The Four Geneva Conventions adopted in 1949 and their additional protocols
adopted in 1977 form the main core of international humanitarian law. Each of the four
Conventions is concerned with a different aspect of armed conflict: the first relates tothe treatment of the sick and wounded on land; the second relates to the sick, wounded
and shipwrecked at sea; the third relates to prisoners of war; the fourth relates
specifically to civilian non-combatants. Two Additional Protocols were adopted in 1977.
Protocol I expands protection to victims of international armed conflict [i.e. the civilian
population, military and civilian medical workers and includes provisions for granting
combatant and POW status to members of dissident forces], while Protocol II relates tothe protection of victims of internal conflicts. The majority of the language in the
Geneva Conventions and protocols consists of guidelines and rules for militaries orarmed forces to follow during armed conflict. Some of these guidelines pertain
specifically to the protection and treatment of women and children. Violations of thesemandates do not entail the same obligations to prevent or punish as do grave breaches.
For example, article 27 of the Fourth Geneva Convention provides that-: "women shallbe especially protected against any attack on their honour, in particular against rape,
enforced prostitution, or any form of indecent assault." The Convention contains no

SECURITY COUNCIL RESOLUTION 1325
ANNOTATED AND EXPLAINEDPAGE 8

corresponding obligation to investigate or punish individuals in the event women are notprotected (or that "groups fail to protect women").
The 1951 Refugee Convention, which was drafted as a result of a recommendation by
the newly established United Nations Commission on Human Rights, was a landmark insetting standards for the treatment of refugees. The Convention, in article 1, provides a
general definition of the term "refugee". The term applies to any person who "as aresult of events occurring before 1 January 1951 and owing to well-founded fear of
being persecuted for reasons of race, religion, nationality, membership of a particularsocial group or political opinion, is outside the country of his nationality and is unable,or owing to such fear, is unwilling, to avail himself of the protection of that country; or
who, not having a nationality and being outside the country of his former habitualresidence as a result of such events, is unable or, owing to such fear, is unwilling toreturn to it". The Convention sets the minimum standards of treatment of refugees,
including the basic rights to which they are entitled. It also establishes the juridical
status of refugees and contains provisions on their rights to gainful employment andwelfare, on the issue of identity papers and travel documents, on the applicability offiscal charges, and on their right to transfer their assets to another country where they
have been admitted for the purposes of resettlement. The Convention prohibits theexpulsion or forcible return of persons having refugee status. Article 33 stipulates that"no Contracting State shall expel or return (refouler) a refugee in any mannerwhatsoever to the frontiers of territories where his life or freedom would be threatenedon account of his race, religion, nationality, membership of a particular social group orpolitical opinion". Article 34 concerns the naturalization and assimilation of refugees.
Other provisions deal with such rights as access to courts, education, social security,
housing and freedom of movement. The 1951 Convention could benefit only persons
who had become refugees as a result of events occurring prior to 1 January 1951.
However, the years following 1951 showed that refugee movements were not merely
the temporary results of the Second World War and its aftermath. Throughout the late
1950s and 1960s new refugee groups emerged, in particular in Africa. These refugees
were in need of protection, which could not be granted to them under the limited timeframe of the 1951 Convention. The 1967 Protocol extended the application of theConvention to the situation of "new refugees", i.e. persons who, while meeting theConvention definition, had become refugees as a result of events that took place after 1
January 1951.
OHCHR – Fact Sheet on Human Rights and Refugees:
http://www.unhchr.ch/html/menu6/2/fs20.htm
The Convention on the Elimination of All Forms of Discrimination Against Women(CEDAW), the "women's bill of rights," has been ratified by 174 countries In its General
Recommendation on violence against women, the CEDAW Committee recognizes that
armed conflict situations lead to increased prostitution, trafficking in women and sexualassault of women. As well, in the General Recommendation on women and health, theCommittee recommends that States parties ensure adequate protection and healthservices, including trauma treatment and counselling for women trapped in situations ofarmed conflict and women refugees. CEDAW's Optional Protocol contains two
procedures: a communications procedure allowing individual women, or groups ofwomen, to submit claims of violations of rights to the Committee on the Elimination ofDiscrimination against Women and an inquiry procedure enabling the Committee toinitiate inquiries into situations of grave or systematic violations of women's rights. In
either case, States must be party to the Protocol.
CEDAW: http://www.un.org/womenwatch/daw/cedaw/
The Rome Statute of the International Criminal Court is historic with respect to violenceagainst women in armed conflict as well as during peacetime in that it includes a seriesof core crimes of sexual and gender violence, some of which are codified in an

SECURITY COUNCIL RESOLUTION 1325
ANNOTATED AND EXPLAINEDPAGE 9international treaty for the first time ever. The core crimes include: rape, sexual
slavery, enforced prostitution, forced pregnancy, enforced sterilization, other forms ofsexual violence. These crimes are listed as crimes against humanity (Article 7) and war
crimes in international armed conflict (Article 8(2)(b) ) as well as internal armed conflict(Article 8(2)(e)). Rape and enforced prostitution had been listed in the Geneva
Conventions as acts, which women must be protected against but there was no specificrecognition of these acts as grave breaches nor a recognition in any other sense of theirgravity. The Rome Statute qualifies these crimes as among the most serious through its
codification of them as a general matter and through language linking them to othergrave breaches and other serious violations of Common Article 3. In addition to the corecrimes of sexual and gender violence, gender-based persecution is included as a crime
against humanity, which is another first. (Article 7(1)(h) Trafficking is included as acrime, under the general definition of enslavement, with an emphasis on trafficking of
women and children. (Article 7(2)(c)).The Elements Annex, a document intended todefine the crimes within the Court's jurisdiction in more detail, provides definitions forthe crimes, i.e. the acts and mental elements that constitute the criminal activity. (Seecharts of definitions). In many respects, these definitions are progressive
conceptualizations of crimes, which traditionally have had discriminatory and harmful
elements in many jurisdictions.
Rome Statute of the International Criminal Court: http://www.un.org/law/icc/

The text:

10. Calls on all parties to armed conflict to take special measures to protect
women and girls from gender-based violence, particularly rape and otherforms of sexual abuse, and all other forms of violence in situations of armed
conflict;

What it means:

Gender-specific threats to women and girls compound the challenges of ensuring theirprotection. During armed conflict, women and girls are continually threatened by rape,
domestic violence, sexual exploitation, trafficking, sexual humiliation and mutilation.
Adolescent girls are specifically targeted for abduction and forced recruitment into
armed forces and armed groups and they are targets for sexual exploitation and abuse.
These practices put them at great risk of sexually transmitted diseases including
HIV/AIDS. Women and girls are at heightened risk in all settings, whether at home, inflight or in camps for displaced people. More needs to be done to address the protectionof women's human rights. All humanitarian responses in conflict situations must include
systematic reporting on sexual violence, emphasise the special reproductive healthneeds of women and girls, and reflect strengthened policy guidance on responses togender-based violence and sexual exploitation. Approximately 80 per cent of people
displaced by conflict or human rights violations are women and children. Displacement,internally or across borders, is disruptive and dangerous. It deprives women of the
security of their community and exposes them to hunger, disease, violence and sexualassault. Protection and assistance for refugee and internally displaced women should
include measures to prevent sexual exploitation, physical abuse and other violations of
their human rights. Humanitarian assistance should support women to protect
themselves and their children. Bordering states may be directly or indirectly parties to aconflict. They may also be hosting refugees. They have a responsibility to ensure thehumanitarian character of refugee camps, with protection and security provided bynational police or military.

The text:

11. Emphasizes the responsibility of all States to put an end to impunity and toprosecute those responsible for genocide, crimes against humanity, war crimes
including those relating to sexual violence against women and girls, and in thisregard, stresses the need to exclude these crimes, where feasible fromamnesty provisions;

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ANNOTATED AND EXPLAINEDPAGE 10

What it means:

Amnesty clauses in peace agreements allow some parties to go unpunished foratrocities committed during the conflict and are usually inserted into agreements as anincentive for parties to come to the negotiating table and cease hostilities. In thisparagraph, the Security Council alludes to one of the difficulties of transitional justice,which seeks national/regional/international reconciliation processes on one hand, but
has a duty to prosecute perpetrators of gross human rights violations on the otherhand. This paragraph of the resolution affirms the responsibility of all governments to
put an end to impunity and to uphold the rule of law, specifying that crimes against
women should not be included in amnesty provisions of peace treaties, where feasible.
Peace agreements that include amnesty provisions are difficult to reconcile with the goalof ending the culture of impunity, which inspired the creation of the United Nations
Tribunals for Rwanda and the Former Yugoslavia and the International Criminal Court.
In the context of the 1999 Lome peace agreement that brought an end to the war in
Sierra Leone, the United Nations did not recognize the blanket amnesty negotiatedbecause it contradicted the internationally recognized imperative to prosecute crimes of
genocide, crimes against humanity, war crimes and other serious violations ofinternational humanitarian law.

The text:

12. Calls upon all parties to armed conflict to respect the civilian andhumanitarian character of refugee camps and settlements, and to take into
account the particular needs of women and girls, including in their design, andrecalls its resolution 1208 (1998) of 19 November 1998;

What it means:

Camps for displaced people offer refuge in desperate situations. But camps can become
extremely dangerous places for women, especially when armed groups store and movearms through the camp, continue making or planning war within that setting. Refugee
camps should be placed at an appropriate distance from the border (note: While there
are no international standards on the exact distance away from a border that a camp
should be located, UNHCR's Handbook for Emergencies notes that "to ensure thesecurity and protection of refugees, it is recommended that they be settled at areasonable distance from international borders as well as other potentially sensitive
areas such as military installations" (Chapter 12, Para. 31). The OAU Convention also
states "For reasons of security, countries of asylum shall, as far as possible, settle
refugees at a reasonable distance from the frontier of their country of origin," (Article II,
Para. 6). Refugee camps and settlements should be designed to address the protectionneeds of refugee women, adolescents, and children. This includes ensuring the physicalsecurity of women and children, through sufficient lighting, appropriate placement of
latrines, and convenient location of basic services and facilities (including food, water,
and fuel) so that women and children are not at risk of attack when they utilize these
services. In this paragraph, the Security Council agrees that women should actively
participate in the design of camps and settlements. Resolution 1208 is focused on thesituation of refugee camps in Africa more... and stresses "the particular security needsof women, children and the elderly who are the most vulnerable groups in refugee
camps and settlements." National police and military personnel must ensure due
security for camp residents.

The text:

13. Encourages all those involved in the planning for disarmament,
demobilization and reintegration to consider the different needs of female andmale ex-combatants and to take into account the needs of their dependants;

What it means:

During the post-conflict period, prevention of new violence depends on the willingness
of armed groups to lay down their arms, (disarmament) disband military structures(demobilization), and return to civilian life (reintegration). If armed groups or warlords
do not put down their weapons, peace will never be possible. Each of the DDR processes
involves and has implications for women, whether they participated in combat, have

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family members who did, or are members of a community trying to integrate former
combatants. While some women join armed groups of their own free will, large numbers
are abducted into combat and/or forced to become sexual and domestic slaves. It is
increasingly understood that women need and deserve inclusion in what DDR
programmes have to offer - such as vocational alternatives, financial payments. In
addition, planners are increasingly recognizing that women have a great deal to offer tothe planning and execution of weapons collection, demobilization and reintegration
programmes, and that such initiatives work better when women are involved. However,reports and analysis about DDR efforts recently completed and currently underwaysuggest that a large gap exists between broad policy commitment to the inclusion ofgender perspectives and specific actions on the ground. Agencies and practitioners needmore guidance and tools to assist them to appreciate what "gender perspectives" are ina given situation, and in designing and delivering programs to equitably benefit womenand men in the DDR phase of post-conflict peace-building.

The text:

14. Reaffirms its readiness, whenever measures are adopted under Article 41of the Charter of the United Nations, to give consideration to their potential
impact on the civilian population, bearing in mind the special needs of womenand girls, in order to consider appropriate humanitarian exemptions;

What it means:

Article 41 of the UN Charter refers to a range of measures that can be taken that do not
involve the use of armed force, including sanctions. The Article dictates that "theSecurity Council may decide what measures not involving the use of armed force are tobe employed to give effect to its decisions, and it may call upon the Members of theUnited Nations to apply such measures. These may include complete or partial
interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, andother means of communication, and the severance of diplomatic relations." This
paragraph references the ongoing debate about the humanitarian impact of sanctions
and the need to ensure minimal impact on the civilian population, also known as "smart
sanctions." For more information on Security Council sanctions, see the documents andinitiatives of the Security Council Working Group on General Issues on Sanctions:
http://www.un.org/sc/committees/sanctions/

The text:

15. Expresses its willingness to ensure that Security Council missions take into
account gender considerations and the rights of women, including throughconsultation with local and international women's groups;

What it means:

Since 1999, the UN Security Council has resumed and increased the number of missions
by its members to conflict areas, undertaking seven such missions during 2000-2001.
Council members, and other observers, agree that these missions are useful inobtaining a ground's eye view of the situation and enabling the Council to better assess
required action and to see the work of the UN and NGOs in the field. Since the passageof resolution 1325, Council missions have been under increased pressure to include
consultations with women's organisations on their agenda. To read about the efforts of
the NGO Working Group on Women, Peace and Security to secure such meetings andengagement, see http://www.Peacewomen.org.
Security Council members met with civil society organisations during the May 2001 visit
to the Great Lakes Region, including women's organisations. The June 2001 Mission to
Kosovo highlighted that a key factor in reconciliation efforts could be the role played bycivil society, NGOs and women's group, who could prove helpful in reaching across theethnic divide.
Report of the Security Council Mission to the Great Lakes Region, 15-26 May 2001
(S/2001/521): http://www.un.org/Docs/sc/missionreports/521e.pdf

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Report of the Security Council Mission on the implementation of Security Council
resolution 1244 (1999) (S/2001/600):
http://www.un.org/Docs/sc/missionreports/600e.pdf
For a complete list of Security Council field missions undertaken since 1946, see
http://www.Globalpolicy.org

The text:

16. Invites the Secretary-General to carry out a study on the impact of armed
conflict on women and girls, the role of women in peace-building and thegender dimensions of peace processes and conflict resolution, and further
invites him to submit a report to the Security Council on the results of thisstudy and to make this available to all Member States of the United Nations;

What it means:

The Secretary-General submitted the requested study and report to the Security Council
in October 2002. The UN Inter-Agency Network on Women and Gender Equality Task
Force on Women, Peace and Security, chaired by the Special Adviser on Gender Issues
and Advancement of Women, coordinated the system-wide inputs to the SecretaryGeneral's study and report, and also consulted members of civil society, women'sorganisations and academics.

Secretary-General’s study on Women, Peace and Security (2002):
http://www.un.org/womenwatch/daw/public/eWPS.pdf
Report of the Secretary-General on Women, Peace and Security(S/2002/1154): http://www.peacewomen.org/un/UN1325/sgreport.pdf
The text:

17. Requests the Secretary-General, where appropriate, to include in his
reporting to the Security Council, progress on gender mainstreaming
throughout peacekeeping missions and all other aspects relating to womenand girls;

What it means:

The Security Council's actions and deliberations are informed by regular country specificand thematic reporting from the Secretary-General. In this paragraph, the Security
Council makes a specific request to the Secretary-General to include information about
gender mainstreaming efforts and "all other aspects relating to women and girls". (Fordetailed description of the relevance of gender mainstreaming in the context ofpeacekeeping missions, please see annotation under operational paragraph 5 of thisresolution.) A recent analysis of 264 reports of the Secretary-General to the Security
Council, dating from January 2000 to the present, was conducted by the Office of theSpecial Adviser on Gender Issues and Advancement of Women (OSAGI) to ascertain towhat degree the reports address gender perspectives as required in Security Council
resolution 1325 (2000). The analysis reveals that only 17.8 per cent of the reports
make multiple references to gender concerns, 15.2 per cent make minimal reference
and 67 per cent of the reports make no or only one mention of women or gender issues.
In addition, the vast majority of reports citing gender concerns mention the impact of
the conflict on women and girls, primarily as victims of conflict - not as potential
dynamic actors in reconciliation, peace building or post-conflict reconstruction.
While the mandates of the various missions mandated by the Security Council may
differ, each operation should conduct a gender analysis, have a plan for mainstreaming
gender and an approach to incorporating information on women and men into thereports to the Security Council. "How does the impact of the conflict differ for men andwomen" and "do women and men have an equal share in the benefits and opportunities

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supported by the mission" are just a few questions that should be addressed in allreports. Throughout all aspects of programme planning, implementation, monitoringand evaluation the mission should ensure gender equality.
Given the diversity of mission mandates, there is no blueprint or formula for reportingon gender perspectives in these reports. The aim would be to integrate information on
men and women throughout the various sections of the report and, as appropriate, havea specific section on gender or women's issues.

The text:
What it means:

18. Decides to remain actively seized of the matter."This is a standard ending of many Security Council resolutions that is particularly
significant when used with regard to country situations. According to Article 12 of the
U.N. Charter, "While the Security Council is exercising in respect of any dispute orsituation the functions assigned to it in the present Charter, the General Assembly shallnot make any recommendation with regard to that dispute or situation unless the
Security Council so requests." By remaining "seized of the matter," the 15-member
Security Council is officially telling the 191-member General Assembly that it is engaged
with the issue. When used in a thematic resolution, such as those on HIV/AIDS,
children, the protection of civilians, and women, peace and security, the use of thisphrase does not preclude other parts of the UN system addressing the issue, but
indicates that the Security Council has recognized or elaborated the relevance of theissue to its particular mandate and responsibilities, and it remains on the agenda of the
Security Council.

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